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Keywords

lawsuitpatent

plaintiffdefendantpleapatent

Related Cases

Adams v. Burke, 84 U.S. 453, 1873 WL 15890, 21 L.Ed. 700, 17 Wall. 453

Facts

Merrill & Horner were granted a patent for an improvement in coffin lids on May 26, 1863. They assigned their rights to Lockhart & Seelye, limiting the use of the patent to a ten-mile radius around Boston. Subsequently, Adams, who acquired rights from Lockhart & Seelye, filed a lawsuit against Burke, an undertaker in Natick, for using the patented coffin lids outside the assigned territory. Burke argued that his use of the coffins did not constitute infringement as he had not sold or manufactured them.

On the 26th day of May, 1863, letters-patent were granted to Merrill & Horner, for a certain improvement in coffin-lids, giving to them the exclusive right of making, using, and vending to others to be used, the said improvement.

Issue

Does an assignment of a patented invention for a limited district confer upon the assignee the right to sell the patented article to be used outside of such limited district?

The question raised in this case is whether an assignment of a patented invention for a limited district, such as a city, a county, or a State, confers upon the assignee the right to sell the patented article to be used outside of such limited district.

Rule

The sale of a patented article by an assignee within a limited territory carries the right to use it everywhere. The rights to manufacture, sell, and use a patented item are substantive rights that can be granted separately. Once a patented item is sold, the purchaser acquires the right to use it without restrictions based on the original territorial limitations.

The sale of a patented article by an assignee within his territory carries the right to use it everywhere.

Analysis

In this case, Burke, as an undertaker, purchased coffins from Lockhart & Seelye and used them in his business. The court analyzed whether the assignment of the patent rights limited Burke's use of the coffins outside the ten-mile radius. The court concluded that since the coffins were sold lawfully, Burke had the right to use them freely, regardless of the territorial restrictions imposed on Lockhart & Seelye.

A careful examination of the plea satisfies us that the defendant, who, as an undertaker, purchased each of these coffins and used it in burying the body which he was employed to bury, acquired the right to this use of it freed from any claim of the patentee, though purchased within the ten-mile circle and used without it.

Conclusion

The court affirmed the lower court's decision, ruling that Burke's use of the coffins did not infringe on the patent rights of Merrill & Horner.

The decree of the Circuit Court dismissing the plaintiff's bill is, therefore, AFFIRMED.

Who won?

Burke prevailed in this case because the court found that the assignment of the patent rights to Lockhart & Seelye did not restrict the use of the coffins sold to him. The court emphasized that once a patented item is sold, the purchaser has the right to use it without limitations imposed by the original patent holder, thus validating Burke's actions as an undertaker.

The defendant justifies under such a claim. He uses a patented article outside of the territory within which the patent was assigned to the persons from whom he purchased it.

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